Charitable for-profit entity

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A charitable for-profit entity is an organization with a charitable mission but legally organized as a for-profit corporation. Both benefit corporations and Low-profit limited liability companies (L3C) fall under this category. As well as generating a profit, a charitable for-profit entity concentrates on setting a social objective. The business must achieve its social purpose, as well as make a profit, to be successful. There are movements to refine strategies, retuning community-oriented activities based on ROI of Little Investment or Small Capital, Low Risk, yet, higher return (impacts and outcomes; both in social and economic factors) and rebranding nonprofit entities from wholly-dependable funding beneficiary from Governments or public i.e. business organization or individual. previously, we often heard of Nonprofits and community-based organizations, now, For-profits community-based Social Enterprises The case of organizing charitable work under for-profit rules rather than as a traditional charity such as a foundation gained prominence when Google announced its Google.org branch in 2006. [1] Since then, the subject has been under both academic and public debate with U.S. law professor Eric Posner arguing in favor of expanding Charity law to include for-profit charities, [2] while Brian Galle considered the legislative popularity of social enterprises a "race to the bottom among states competing to siphon away federal tax dollars for local businesses." [3]

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Benefit corporations

When a company is created under corporate law it is called a benefit corporation. This differs from a ‘B Corp’ which is qualified by B Lab to meet detailed standards for social and environmental performance.[ dubious ]

Being a benefit corporation can be very beneficial for the company as it allows them to legally protect their social goals by concentrating on other sectors rather than only considering profit. This allows the business to instead of only concentrating on the shareholders that designated them in the first place, they are able to concentrate on all stakeholders and take into consideration of their interests which can help them solve social and environmental challenges. The demand for corporate accountability is increasing rapidly and is at the highest it has ever been and therefore benefiting corporations can differentiate their company from other leading companies and concentrate on these customers. [4]

There can be many drawbacks of a benefit corporation such as expanded reporting requirements. This provides shareholders of the business with sufficient information to determine whether your business is achieving its purpose and goals. A benefit corporation must produce an annual report for each of its shareholders so that the company can be assessed by a third party. The report will have to include the efforts that have been made in order to achieve a general public benefit and will all have to be stated on the annual report that should be available on the company website. [4]

Low-profit limited liability company

A low-profit limited liability company (L3C) is a low limited liability company that has a set mission of being socially beneficial, similarly to the way a non-profit company has also. However, a nonprofit company will not distribute its profits the way a for-profit company does. [5]
A limited liability company takes advantage of both nonprofit and for profit sources of capital. An L3C can attract a diverse group of creditors to finance its operations, including private foundations and socially conscious for-profit entities. [6]

Differences between charitable for-profit entity and not-for-profit charities

Charities are organizations that are set up to provide help and raise money for those in need. [7] Traditional charities aim to provide a service to the needy with no profits earned for the owners of the organization. All the money that is donated to the organization is used for the purpose of the business and is used to pursue their objectives. [8] A charity is founded to serve a humanitarian or environmental need to the public. [9]

A charitable for-profit entity however differs from this as the organization will aim for a profit whilst still providing similar services as a charity. The for-profit entity may also be directed by a sole proprietor, while a non-profit organization needs a board of directors. Like any other for-profit organization, it will base its accounting on the quarterly income, whereas a non-profit charity will purely focus on the activities carried out. [10]

A large majority of businesses will usually concentrate on the financial benefits of its owners and shareholders when setting up a business. The main aim of most businesses, including charitable for-profit entities, are to generate some sort of profit for the business. By producing profit, the charitable for-profit entity is able to continue its work to a high standard and also pay the stakeholders of the company. Charitable for-profit entities will however have to pay taxes on the profit that is made. This differs from a traditional (non-profit) charity because they do not have to pay taxes as no profit is generated for themselves.

If a charitable for-profit entity was to go out of business, its assets can be liquidated and the proceedings will be distributed to the shareholders of the business. However, if a charity was to go out of business it would have to distribute its assets to another non-profit organization. [11]

Similarities between charitable for-profit entity and not-for-profit charities

Although there are many differences between charitable for-profit entities and traditional charities, they do hold some similarities that can be said to be quite major. Both will have a strong vision in what they want from the business overall. Both will therefore have similar strategic plans in order to get the best out of the business regardless of their aims and objectives being different to an extent. For-profit entities and non-profit charities will both strive to meet their objectives that are laid out on their mission statements. [12] They are both given limited funds, so will therefore have to aim to meet their goals with the funds provided. [13]

Related Research Articles

<span class="mw-page-title-main">Board of directors</span> Type of governing body for an organisation

A board of directors is an executive committee that jointly supervises the activities of an organization, which can be either a for-profit or a nonprofit organization such as a business, nonprofit organization, or a government agency.

Business is the practice of making one's living or making money by producing or buying and selling products. It is also "any activity or enterprise entered into for profit."

<span class="mw-page-title-main">Nonprofit organization</span> Organization operated for a collective benefit

A nonprofit organization (NPO) or non-profit organization, also known as a non-business entity, or nonprofit institution, and often referred to simply as a non-profit, is a legal entity organized and operated for a collective, public or social benefit, as opposed to an entity that operates as a business aiming to generate a profit for its owners. A nonprofit is subject to the non-distribution constraint: any revenues that exceed expenses must be committed to the organization's purpose, not taken by private parties. An array of organizations are nonprofit, including some political organizations, schools, business associations, churches, social clubs, and consumer cooperatives. Nonprofit entities may seek approval from governments to be tax-exempt, and some may also qualify to receive tax-deductible contributions, but an entity may incorporate as a nonprofit entity without having tax-exempt status.

<span class="mw-page-title-main">Limited liability company</span> US form of a private limited company

A limited liability company (LLC) is the United States-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. An LLC is not a corporation under the laws of every state; it is a legal form of a company that provides limited liability to its owners in many jurisdictions. LLCs are well known for the flexibility that they provide to business owners; depending on the situation, an LLC may elect to use corporate tax rules instead of being treated as a partnership, and, under certain circumstances, LLCs may be organized as not-for-profit. In certain U.S. states, businesses that provide professional services requiring a state professional license, such as legal or medical services, may not be allowed to form an LLC but may be required to form a similar entity called a professional limited liability company (PLLC).

<span class="mw-page-title-main">Joint-stock company</span> Business entity owned by shareholders

A joint-stock company is a business entity in which shares of the company's stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their shares. Shareholders are able to transfer their shares to others without any effects to the continued existence of the company.

A foundation is a type of nonprofit organization or charitable trust that usually provides funding and support to other charitable organizations through grants, while also potentially participating directly in charitable activities. Foundations encompass public charitable foundations, like community foundations, and private foundations, which are often endowed by an individual or family. Nevertheless, the term "foundation" might also be adopted by organizations not primarily engaged in public grantmaking.

<span class="mw-page-title-main">Charitable organization</span> Nonprofit organization with charitable purpose

A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being.

United States non-profit laws relate to taxation, the special problems of an organization which does not have profit as its primary motivation, and prevention of charitable fraud. Some non-profit organizations can broadly be described as "charities" — like the American Red Cross. Some are strictly for the private benefit of the members — like country clubs, or condominium associations. Others fall somewhere in between — like labor unions, chambers of commerce, or cooperative electric companies. Each presents unique legal issues.

A social enterprise is an organization that applies commercial strategies to maximize improvements in financial, social and environmental well-being. This may include maximizing social impact alongside profits for co-owners.

<span class="mw-page-title-main">Community interest company</span> UK company using their profits and assets for the public good

A community interest company is a form of social enterprise in the United Kingdom intended "for people wishing to establish businesses which trade with a social purpose..., or to carry on other activities for the benefit of the community".

A nonprofit corporation is any legal entity which has been incorporated under the law of its jurisdiction for purposes other than making profits for its owners or shareholders. Depending on the laws of the jurisdiction, a nonprofit corporation may seek official recognition as such, and may be taxed differently from for-profit corporations, and treated differently in other ways.

Laws regulating nonprofit organizations, nonprofit corporations, non-governmental organizations, and voluntary associations vary in different jurisdictions. They all play a critical role in addressing social, economic, and environmental issues. These organizations operate under specific legal frameworks that are regulated by the respective jurisdictions in which they operate.

<span class="mw-page-title-main">Company</span> Association or collection of individuals

A company, abbreviated as co., is a legal entity representing an association of legal people, whether natural, juridical or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specific, declared goals.

A for-profit corporation is an organization which aims to earn profit through its operations and is concerned with its own interests, rather than the interests of the public.

Indian non-governmental organisations (NGOs) can be set up under various Indian laws.

<span class="mw-page-title-main">Low-profit limited liability company</span> Legal form of business entity in the US

A low-profit limited liability company (L3C) is a legal form of business entity in the United States. Commonly referred to as a hybrid structure, it has characteristics of both for-profit and non-profit entities. L3Cs were created to comply with the Internal Revenue Service (IRS) program-related investments (PRIs) rules which allow most typically private foundations the ability to maintain tax-exempt status through investments in qualifying businesses and/or charities. With a social mission as the primary objective and a secondary objective of profit generation, the L3C legal form is considered a viable option for businesses seeking a reputation or marketability for being a social enterprise.

<span class="mw-page-title-main">Charitable incorporated organisation</span>

A charitable incorporated organisation (CIO) is a corporate form of business designed for charitable organisations in England and Wales. A similar form, with minor differences, exists for Scottish charities.

<span class="mw-page-title-main">Benefit corporation</span> Type of for-profit entity

In business, and only in United States corporate law, a benefit corporation is a type of for-profit corporate entity whose goals include making a positive impact on society. Laws concerning conventional corporations typically do not define the "best interest of the corporation", which has led some to believe that increasing shareholder value is the only overarching or compelling interest of a corporation. Benefit corporations explicitly specify that profit is not their only goal. Their activities may or may not differ much from traditional corporations. An ordinary corporation may change to a benefit corporation merely by stating in its approved corporate bylaws that it is a benefit corporation.

<span class="mw-page-title-main">Social purpose corporation</span> For-profit that enables, without requiring, social or environmental decision making

A social purpose corporation (SPC) is a type of for-profit entity, a corporation, in some U.S. states that enables, but does not require, considering social or environmental issues in decision making. SPCs are similar to benefit corporations and flexible purpose corporations (FPCs).

References

  1. Hafner, Katie (September 14, 2006). "Philanthropy Google's Way: Not the Usual". New York Times. Retrieved 10 January 2013.
  2. Eric A. Posner; Anup Malani (2007). "The Case for For-Profit Charities". Virginia Law Review : 2017–2067. SSRN   928976.
  3. Brian Galle (2013). "Social Enterprise: Who Needs It". Boston College Law Review (54): 2025 ff.
  4. 1 2 Bend, Doug; King, Alex. "Why Consider A Benefit Corporation?". Forbes. Retrieved 29 October 2014.
  5. Parekh, Neetal. "What is an L3C?". innov8social. Archived from the original on 29 October 2014. Retrieved 29 October 2014.
  6. "Low Profit Limited Liability Company". Digital Media Law Project. Retrieved 29 October 2014.
  7. "Definition of Charity in English". Oxford Dictionaries. Archived from the original on July 21, 2012. Retrieved 29 October 2014.
  8. "Not For Profit". Investopedia. Retrieved 29 October 2014.
  9. Ingram, David. "Non Profit Organization Vs. Profit Organization". Chron. Retrieved 29 October 2014.
  10. Green, James. "The Major Accounting Differences Between Profit & Non Profit Organizations". Chron. Retrieved 29 October 2014.
  11. Fritz, Joanne. "How is a non-profit different from a for-profit business?". About Money. Archived from the original on 23 October 2014. Retrieved 29 October 2014.
  12. Goessl, Leigh. "Nonprofits and for-profits often share similar tactics to reach goals". Inside Business. Archived from the original on 9 October 2014. Retrieved 29 October 2014.
  13. B.Bennett, Adrian. "Similarities & Differences between Non Profits & For-Profits". Nonprofit Central. Retrieved 29 October 2014.

Further reading